By Jay Greene–
As we celebrate Pride Month 2025, we honor the resilience, love, and achievements of the LGBTQ+ community. While progress continues, legal rights and protections remain under scrutiny in various parts of the country. Now more than ever, safeguarding your family through estate planning is an essential act of love and security. Regardless of marital status, estate planning ensures that your rights—and those of your chosen family—are legally recognized and protected.
This guide explores why estate planning is crucial for LGBTQ+ individuals and couples and outlines key strategies tailored to your unique needs.
Why Estate Planning Matters Now More Than Ever
Estate planning is important for everyone, but for LGBTQ+ families, it is an essential safeguard against evolving legal and political landscapes. Despite the protections granted by the 2015 Obergefell v. Hodges ruling and subsequent legal victories, challenges persist. Some states have attempted to roll back LGBTQ+ rights, making proactive planning critical.
Here’s why estate planning should be a priority:
• Legal Recognition of Relationships: If you’re unmarried, state laws may not recognize your partner as your agent and a beneficiary. A well-structured estate plan guarantees that your chosen family is protected.
• Protection for Parental Rights: Legal challenges continue to affect LGBTQ+ parents, particularly those who are not biologically related to their children. Estate planning helps establish guardianship and inheritance rights.
• Preventing Family Disputes: Without a legally binding plan, estranged relatives who may not support your relationships could challenge your estate.
• Financial Security: Proper planning ensures your assets go to the people you trust while minimizing tax burdens, especially for unmarried couples who do not benefit from certain spousal tax deductions. Estate planning provides certainty in an uncertain political climate, ensuring that your loved ones are shielded from potential legal and financial obstacles.
Six Essential Steps for LGBTQ+ Estate Planning
1. Create a Will or Living Trust.
• A will specifies your beneficiaries and guardians for children, ensuring your wishes are respected.
• A living trust allows assets to pass outside of probate, preserving privacy and reducing delays.
2. Update beneficiary designations.
• Review retirement accounts, insurance policies, and bank accounts to ensure your partner or chosen family is listed.
• If you were in a pre-marriage equality relationship, verify that an ex is not still a beneficiary.
3. Establish Powers of Attorney.
• Appoint a trusted individual (such as your partner) to make financial and medical decisions if you become incapacitated.
• This protects against interference from biological relatives who may not respect your wishes.
4. Plan for children.
• Designate guardians for your children in your will to ensure they are cared for by trusted individuals.
• If you are a non-biological parent, consider second-parent adoption to legally secure your parental rights.
5. Implement tax-efficient strategies.
• Married couples can use the unlimited marital deduction, but unmarried couples should explore gifting and trust options to minimize estate taxes.
• With the 2025 federal estate tax exemption at $13.99 million, strategic planning ensures that more of your wealth benefits your loved ones.
6. Regularly review and update your plan.
• Laws change, relationships evolve, and families grow. Reviewing your estate plan regularly ensures it reflects your current wishes and legal landscape.
Take Control of Your Legacy This Pride Month
Pride is about visibility, resilience, and love—and protecting your family through estate planning embodies all three. In a time when LGBTQ+ rights face ongoing political shifts, taking proactive steps now ensures your loved ones are protected, regardless of what happens in the courts or legislatures.
Consult an estate planning attorney to create a plan tailored to your needs, ensuring that your legacy remains secure.
Statements in Compliance with California Rules of Professional Conduct: This article is for educational purposes only and does not constitute legal advice. Consult an estate planning attorney for personalized guidance.
Jay Greene, Esq., CPA, is the founder of Greene Law Firm, P.C., in San Francisco, dedicated to helping LGBTQ+ individuals and families secure their future. For more information, visit: https://assetprotectionbayarea.com
Trust Essentials
Published on June 26, 2025
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